Tuesday, December 10, 2013

New York's top court blocks Colorado from forcing Fox reporter to reveal sources or face jail

Published December 10, 2013

FoxNews.com

FoxNews.com
reporter Jana Winter, right, and her attorneys won a victory when the
New York Court of Appeals threw out a subpoena requiring her to go to
Colorado and reveal sources for an exclusive story or face jail.. (AP Photo/Ed Andrieski)

New York's top court today spared FoxNews.com reporter Jana
Winter from jail for refusing to reveal confidential sources for
a bombshell story following the Aurora movie massacre.
In a 4-3 ruling based on New York's shield law, the state Court of
Appeals reversed a lower court's decision that could have resulted in
Winter being forced to appear in the Colorado murder trial of James
Holmes.
"... an order from a New York court directing a reporter to appear in
another state where, as here, there is a substantial likelihood that
she will be compelled to identify sources who have been promised
confidentiality would offend our strong public policy," the decision,
handed down Tuesday, read.

"Today's ruling is a major win for all journalists."

- Fox News Chairman and CEO Roger Ailes

The ruling spares Winter from appearing before Arapahoe County
District Court Judge Carlos Samour Jr. on Jan. 3, where she would have
been ordered to reveal who told her about a chilling notebook gunman
James Holmes sent to his psychiatrist before the shooting in July 2012.
Winter's exclusive storyon
July 25, 2012, was picked up by news outlets around the world. Winter
had steadfastly vowed that she would go to jail rather than reveal her
sources for the story.
"Today's ruling is a major win for all journalists," said Fox News
Chairman and CEO Roger Ailes. "The protection of Jana Winter's
confidential sources was necessary for the survival of journalism and
democracy as a whole. We are very grateful that the highest court in New
York State agreed with our position."
Winter's lead attorney, Dori Ann Hanswirth, said the veteran
journalist was finally freed from the specter of jail, which had hung
over her head for more than a year. She said journalists must be able to
afford their sources protection if they are to serve the public
interest.
"Confidential newsgathering is essential for investigative journalism
to flourish, and the New York Court of Appeals has issued a broad
decision protecting all New York-based journalists," Hanswirth said.
"Today's victory is as much for Jana Winter as it is for all journalists
and the public, which has a right to receive news from confidential
sources."Read the New York Court of Appeals' decision here
In a dissenting opinion, Justice Robert Smith said New York's shield
law should not apply to the case, because Winter's communication with
hher source appears to have taken place in Colorado.
"The majority is holding, in substance, that a New York reporter
takes the protection of New York's Shield Law with her when she travels
-- presumably, anywhere in the world," wrote Smith. "This seems to me an
excessive expansion of New York's jurisdiction, one that is unlikely to
be honored by other states or countries or to attain the predictability
that the majority says is its goal."
But the majority said that New York has a right to impose the values
behind its shield law when it is asked to apply New York process to a
journalist.
"New York law governs here since we are applying New York statutory
and decisional law ... to determine whether a New York court should
issue a
subpoena," read the majority decision.
The case generated widespread support for Winter from First Amendment groups and journalism advocates.
"It is the essence of press freedom," Winter's attorney, Christopher
Handman, told FoxNews.com after the Nov. 11 arguments before the Court
of Appeals. "It doesn't matter where the communication took place. New
York's shield law is designed to protect New York journalists when they
report on matters of public concern throughout the nation."
In addition to fearing the subpoena could chill sources from talking
to journalists in general, Winter's attorneys argued that the case had
already take a toll on her ability to gather information.
The lower New York court issued the subpoena at the request of
Holmes’ defense team and with authorization from the Colorado court last
January requiring Winter to appear in Colorado. An appellate court
ruled 3-2 against Winter, but the close decision automatically triggered
her right to take the case to the Court of Appeals.